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Does the statement "You are unlawful to me if I don't hold your phone again" constitute a divorce or a suspension of it, and for how long does the suspension remain in effect?

1 min readAlso available in العربية

Scholars have differed concerning taking an oath by deeming one's wife unlawful (tahrim). The preponderant opinion distinguishes between one who intends by this declaration of unlawfulness: divorce, or zihar, or a mere oath. Your statement to your wife, "You are unlawful to me if I ever touch your phone again," conditions this unlawfulness on your touching her phone.

If you intended divorce: Her divorce takes effect if you touch her phone. If this divorce does not complete the three divorces, you may reconcile with her before the expiry of her iddah (waiting period). If you intended zihar: Zihar takes effect, and it is not permissible to have intercourse with her before performing the kaffarat az-zihar (expiation for zihar) mentioned in Surat Al-Mujadila (58:3-4). If you intended a mere oath or did not intend anything specific: Neither divorce nor zihar takes effect, but you are required to perform an expiation for an oath (kaffarat yamin): feeding ten poor persons, or clothing them, or fasting three days if you cannot find the means for the former two.

It is necessary to point out that taking an oath by deeming something unlawful is not permissible. The lawful oath is to swear by Allah the Almighty.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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